Plagiarism Today
JULY 19, 2023
A new ruling in the 9th Circuit was a major win for both Instagram and the server test. Here's what it means for both moving forward. The post Instagram and the Server Test Win 9th Circuit Challenge appeared first on Plagiarism Today.
Erik K Pelton
JULY 19, 2023
Erik is back with an update on the USPTO log jam, how it affects every step of the application process – but there seems to be a light at the end of the tunnel, as explained in this podcast. The post Update on the USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik is back with an update on the USPTO log jam, how it affects every step of the application process – but there seems to be a light at the end of the tunnel, as explained in this podcast.
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Plagiarism Today
JULY 19, 2023
Instagram wins in the 9th Circuit, Prague court orders file host to pay for piracy and House IP Subcommittee talks right to repair. The post 3 Count: Czech Liability appeared first on Plagiarism Today.
IP Watchdog
JULY 19, 2023
On July 17, inventor advocacy organization US Inventor and conservative interest group Eagle Forum Education and Legal Defense Fund filed a joint amicus brief at the U.S. Supreme Court urging the nation’s highest court to grant the petition for writ of certiorari filed in Killian v. Vidal. US Inventor and Eagle Forum ELDF’s brief is the latest call upon SCOTUS to address the “dire consequences” flowing from the dramatic expansion to judicial exceptions to patent eligibility under 35 U.S.C. § 101
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Velocity of Content
JULY 19, 2023
At the recent SSP Annual Meeting in Portland, Oregon, a cross-functional panel considered the challenge of “Solving for OA/UX: The Powerful Potential in Improving User Experience (UX).” Drawing on her work as a scholarly author and as Research Impact and Open Scholarship Librarian, Indiana University Bloomington , Willa Tavernier moderated an interactive session with three panelists.
Patently-O
JULY 19, 2023
by Dennis Crouch Intellectual property rights in the U.S. have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
JULY 19, 2023
The plaintiffs claim they signed up for a ClassPass membership but got unexpectedly auto-renewed. (ClassPass appears to be an aggregator of third-party fitness classes). ClassPass sought to send the case to arbitration based on its TOS, which it attempted to form in each of the following three screenshots: Screenshot #1 Screenshot #2 Screenshot #3 With three different attempts, surely one of them worked, right?
IP Watchdog
JULY 19, 2023
A group of herring fishermen have filed their opening brief with the U.S. Supreme Court in a case that asks the Court to overturn its “Chevron doctrine,” which says courts should defer to administrative agencies’ interpretation of the statutes delegated to them. In the 1984 ruling in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the Supreme Court held that a court "may not substitute its own construction of a statutory provision for a reasonable interpretation made by [the ag
TorrentFreak
JULY 19, 2023
Three-ish plus decades ago, telecoms companies were best known for installing analog telephones in people’s homes and sending paper bills through the mail to be paid by check. Many later branched out into the lucrative mobile phone market, but as operators of wired telephone networks, major phone companies all over the world would soon become the gatekeepers of a brave new world – the internet.
IP Law 360
JULY 19, 2023
A Colorado federal magistrate judge on Tuesday ordered attorneys for the former business partners of a motivational speaker who claims to have met with extraterrestrial beings to pay nearly $7,000 in sanctions after previously finding the attorneys coached a witness during a deposition.
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43(B)log
JULY 19, 2023
CareDx, Inc. v. Natera, Inc., No. 19-662-CFC, 2023 WL 4561059 (D. Del. Jul. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. Natera made superiority claims for its Prospera. CareDx sued Natera for false advertising. In a trial held last year, the jury found that CareDx proved by a preponderance of the evidence at trial that: (a) nine of the ten alleged false advertisement
IP Law 360
JULY 19, 2023
A California appellate court on Wednesday upheld The Walt Disney Co.'s win in a screenwriter's suit claiming that the bulk of the 2016 animated film "Zootopia" stole ideas he pitched to Disney, finding that there's no evidence the film's creators had access to the screenwriter's ideas.
LexBlog IP
JULY 19, 2023
In an era where the boundary between man and machine continues to blur, entertainment media fans are finding themselves at the frontier of a fascinating phenomenon – the production of new media featuring their favorite artists, courtesy of artificial intelligence (AI). The Beatles, perhaps the most-loved rock ‘n’ roll band of all time, released their final studio album, Let It Be , in 1970.
IP Law 360
JULY 19, 2023
Since the Internal Revenue Service recently announced that numerous collectives creating paid name, image and likeness deals for collegiate student-athletes do not qualify for tax exemption, for-profit entities and alternative collective structures with incidental student-athlete benefits may be considered to fund NIL ventures, says David Kaufman at Thompson Coburn.
LexBlog IP
JULY 19, 2023
Boardside Chat Thursday 7/20 The PTAB’s next Boardside Chat webinar will be held this Thursday, July 20, from noon to 1 p.m. ET. The panel of APJs will discuss issues that typically arise during an America Invents Act (AIA) trial proceeding before the PTAB. The scheduled topics include filing of multiple petitions, discretionary denial, new arguments, and deposition of expert witnesses.
IP Law 360
JULY 19, 2023
A California federal judge on Wednesday said he was inclined to toss "almost everything" in a proposed copyright class action from artists claiming that artificial intelligence art platforms from Stability AI and others massively misappropriate protected imagery, but they could "take comfort" that he'd allow them to submit a revised complaint.
JD Supra Law
JULY 19, 2023
As many know, restrictive covenant law is in a constant state of flux and varies considerably from state to state. Moreover, restrictive covenant law changes frequently and often requires a fact-specific analysis. Over the last few years, many states have shown a trend towards increasing requirements for creating enforceable restrictive covenants through state-level legislation.
Likelihood of Confusion
JULY 19, 2023
Something — someone? — called Aviva Directory, or Directory Aviva, has posted an article called “12 Important U.S. Laws Every Blogger Needs to Know.” It’s quite good. Hat tip to. The post Twelve commandments? appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JULY 19, 2023
On June 22, 2023, Sens. Thom Tillis and Chris Coons proposed the Patent Eligibility Restoration Act of 2023 (the Act). The new legislation is intended to clarify patent eligibility under 35 U.S.C. § 101 in view of the Supreme Court’s Alice opinion and the ensuing uncertainty in the law. Numerous stakeholders have requested a solution to the uncertainty created by Alice for many years.
The IPKat
JULY 19, 2023
Earlier this month, the General Court ruled that the European Commission is not bound by the earlier assessment of national authorities when examining applications for geographical indications ( T-34/22 , so far only available in French). The dispute behind this ruling related to two groups of charcuterie products originating from France. National stage of the registration In 2014, “Jambon sec de Corse”, “Lonzo de Corse” and “Coppa de Corse” were registered as protected designations of origin (P
JD Supra Law
JULY 19, 2023
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that parody trademarks do not receive special First Amendment protection when they function as trademarks. The Court held that the typical likelihood of confusion test applies to infringement claims involving parody marks used as source indicators.
43(B)log
JULY 19, 2023
Zimmerman v. L’Oréal USA, Inc., 2023 WL 4564552, No. 22-cv-07609-HSG (N.D. Cal. Jul. 17, 2023) This is another lawsuit over “24 Hour” cosmetics , this time focusing on the fact that the sunscreen in the products needs to be reapplied every 2 hours, making it more a 2-hour beauty line. The foundation’s front label statements claim it provides “Up to 24HR Breathable Texture,” “Up to 24H Fresh Wear,” and “Sunscreen Broad Spectrum SPF 25,” but the drug facts panel, located underneath a peel-back sti
JD Supra Law
JULY 19, 2023
In this episode, LaNelle Owens, Chief Trademark Counsel at Cummins, discusses with Brooks Kushman CEO Sangeeta Shah the numerous career transitions she has made that have brought her to where she is today. Her decision to make these transitions has always been influenced by the constant pursuit of peach, which she has accomplished by aligning with purpose at every step of her journey.
Biswajit Sarkar Copyright Blog
JULY 19, 2023
Have you ever asked the shopkeeper for a bottle of BISLERI rather than just a water bottle? Have you ever wanted a pair of PUMA shoes instead of just any local brand? Trademarks play a vital role for small and big businesses across the globe, serving a unique identity to the products and services of the business. It often happens when we hear a name and a certain image, sound or tagline pops up in our mind.
JD Supra Law
JULY 19, 2023
Trinity Info Media, L.L.C. v. Covalent INC. Before STOLL, BRYSON, and CUNNINGHAM. Appeal from the United States District Court for the Central District of California. Summary: Patents directed to connecting users based on their polling answers are abstract because the patents simply use generic computer components without adding more to the abstract idea.
Kluwer Copyright Blog
JULY 19, 2023
Image by Dominique from Pixabay In a case between Google and the creator of the font used by the French newspaper Le Monde, the Paris Court of First Instance (‘ Tribunal Judiciaire’ ) has handed down a judgment in which it ruled that the font created for the newspaper is original and thus protected by copyright, even though it found that Google’s font does not constitute a copyright infringement of that font.
JD Supra Law
JULY 19, 2023
A recent lawsuit alleging trademark infringement by AmerikanWeed illustrates the importance of protecting intellectual property in the cannabis industry. Complaint at 9-10, Palmer, et al. v. Komm et al., No. 21-2-13589-3 SEA (Wa. Sup. Ct. filed Jun 21, 2023). Because the plaintiffs obtained a Washington state trademark registration, their recourse is limited to that state.
LexBlog IP
JULY 19, 2023
New Developments in China Trade Secret Litigation by Founders Legal China’s Growing Focus on Intellectual Property: The Beijing IP Court Steps Up Protections Trade secrets have become increasingly important in today’s globalized business environment, serving as vital intangible assets for many companies. Recognizing this growing importance, the Beijing Intellectual Property (IP) Court has implemented measures to strengthen the protection of trade secrets within its jurisdiction.
IP Law 360
JULY 19, 2023
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
JD Supra Law
JULY 19, 2023
The District Court for the District of New Jersey recently denied a defendant’s motion for summary judgment which sought to invalidate a dependent claim on preclusion grounds based on the PTAB’s invalidation of the related independent claim for lack of written description. Because the claims were not identical in scope when viewed as a whole, the district court found it could not assume the differences were immaterial.
IP Law 360
JULY 19, 2023
An inventor advocacy group and a conservative interest group have thrown their support behind a bid asking the U.S. Supreme Court to overturn its 2014 Alice decision, saying it has had "dire consequences.
JD Supra Law
JULY 19, 2023
For at least a decade, Congress has been concerned (not to say obsessed) with drug costs (understandably so, no matter how ineffective; see "FTC to the Rescue Regarding High Drug Prices and Patents"; "Even More Ill-Conceived Remedies from Congress Regarding Prescription Drug Costs"; "More Ill-conceived Remedies from Congress Regarding Prescription Drug Costs"; "A Solution in Search of a Problem"; Senate Once Again Tries to Address Drug Pricing).
IP Law 360
JULY 19, 2023
A federal judge in Iowa has decided that John Deere's flagship business can't be a part of a patent lawsuit against a pair of smaller rival manufacturers because the patents are actually owned by one of Deere's subsidiaries.
JD Supra Law
JULY 19, 2023
The United States, once the leader in both semiconductor innovation and manufacturing, is looking to regain its leadership position with the CHIPS and Science Act of 2022. The CHIPS Act will not only provide incentives (~$50B for R&D and manufacturing) for US-based semiconductor activities, it will also spark a new era of innovation with the….
IP Law 360
JULY 19, 2023
The Federal Circuit will be reviewing its first en banc patent case since 2018, while the court's members are being sued by its longest-serving judge, who claims that an attempt to oust her is unconstitutional. Here's what you need to know about these and other high-profile patent cases.
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